| The current society is an information-based and data-based society,e-commerce is in the ascendant,and online transactions are widely used.As a new type of investment and wealth management approach based on the Internet,online investment and wealth management has the advantages of low threshold,simple and convenient transactions,etc.,and is favored by the majority of investors.However,due to the lack of timely follow-up of policies,the lack of effective market supervision,and the lack of public awareness of risks,the crime of online investment and financial fraud tends to increase.According to the "2020 China Mobile Phone Security Status Report" released by 360 and the China Academy of Information and Communications Technology,Internet financial and wealth management fraud has become one of the most frequently reported fraud methods and the most serious per capita loss among telecom network frauds,and it is also the focus of public security organs.One of the types of cases detected and cracked down.This article will clarify the concept,types and characteristics of online investment and financial fraud crimes,analyze and explore the reasons for the frequent occurrence of such crimes,analyze the criminal behavior,study the difficulties of investigation,and propose corresponding investigation countermeasures.This article is divided into four parts:The first part summarizes the crime of online investment and financial fraud.First,the concept of online investment and financial fraud crime is explained.Then,by sorting out the relevant judgments of China Judgment Documents Network,it is concluded that the common types of such fraud are virtual currency transaction fraud,spot transaction fraud,futures transaction fraud,foreign exchange transaction fraud and stock transaction fraud.Finally,from the analysis of the current form of crime,online investment and financial fraud has the characteristics of professionalization of criminal subjects,corporatization of criminal platforms,deceptive means of crime,and complex forms of crime.The perpetrators possess certain network technology and financial management knowledge,and they often adopt the method of committing crimes in gangs and develop in the direction of organization,involving a wide range of areas and a large amount of money involved.The second part analyzes the criminal behavior of online investment and financial fraud.From the perspective of fraudulent behavior,the perpetrator not only adopts the method of corporate operation,but also divides the gang members into different levels horizontally and vertically within the gang to ensure that all aspects of fraud are closely connected,and at the same time build different platforms for Fraud and payment,and distinguish between two situations with international comparison market and no international comparison market,so as to adopt different fraud methods.The third part explores the difficulties in the investigation of criminal cases of online investment and financial fraud.This paper expounds the many investigation difficulties faced by the public security organs in investigating such cases.Specifically,it includes five difficulties: difficulty in discovering crimes,difficulty in grasping the organizational status of criminal gangs,difficulty in investigation and evidence collection,difficulty in investigation cooperation and inter-departmental cooperation,and difficulty in thoroughly cracking down.The fourth part proposes reconnaissance countermeasures for the reconnaissance difficulties of the third part.The public security organs should start from four aspects:wide-ranging clues to the case,taking multiple measures to find out the inside story of the case,coordinating multiple departments to strengthen the joint force of the attack,and improving the efficiency of the investigation through multi-target guidance.In terms of evidence collection,not only should criminal suspects and suspected funds be found through capital accounts,but also relevant evidence should be obtained through software suppliers and platform servers.In terms of taking multiple measures to find out the inside story of the case,it is necessary to strengthen the investigation of transaction rules and capital flow;dig deep into the criminal information,comprehensively analyze the case with the help of the information flow,and find out the inside story of the crime.In terms of multi-departmental cooperation in combating crimes,an early intervention mechanism for the legal inspection department should be established,police-enterprise cooperation should be strengthened,and the team’s ability to collect evidence should be improved.In terms of multi-target guidance to improve the efficiency of investigation,equal attention should be paid to case handling and stability maintenance,and the recovery of stolen goods and the recovery of losses should be synchronized. |